JOHNSTOWN, N.Y. (NEWS10) — Assemblyman Robert Smullen said Friday he was awarded a default judgment in Johnstown City Court for damages to his family home caused by Garrett Subik, 32, of Johnstown. The case stems from criminal charges prosecuted against Subik for a home invasion on December 27, 2021, at the Smullen Family residence in the Town of Johnstown.

The assemblyman said Subik drove his car into the front of the house, went inside and proceeded to scare the family’s four children with erratic behavior. He was arrested by law enforcement officers from the New York State Police, Fulton County Sheriff’s Office, New York State Environmental Conservation Police, and Gloversville City Police who responded to a 911 call from Smullen’s 12-year-old son, who was hiding in the basement with the family’s new Christmas puppy.

State Police investigators credit the family’s oldest adult daughter who was home for the holidays with calm and quick thinking to prevent Subik from potentially violent behavior. Subik roamed the house, knocking on one of Smullen’s daughter’s bedroom door upstairs, opening the stairs to the attic yelling, “Where’s Sam,” and entering the master bedroom closet while handling Smullen’s hunting rifle, according to State Police documents.

He was arrested on three misdemeanor charges of driving while ability impaired, criminal trespass, and causing property damage and then released on appearance tickets. A later plea deal citing alleged mental health issues reduced one and dismissed other charges.

“The response by law enforcement officers was exemplary,” said Smullen. “We live in a rural area where it takes a while to get a 911 response. Multiple agencies answered the call immediately, and I thank them for preventing potential violence against my family when I was not home.”

Assemblyman Smullen’s wife, Megan, said, “I am deeply disappointed in the Fulton County District Attorney’s Office for what I believe is a miscarriage of justice in prosecuting this criminal case.” Megan Smullen went on to mention how the criminal justice system, in her opinion, is “breaking down,” and “needs to be fixed immediately.”